An attorney representing RE/MAX Centex real estate agent Jody Scoggins and two family members says allegations that the agent illegally obtained more than $1 million in assets from a disabled man in the past year are baseless and will be proven untrue.
Waco attorney David Dumas, who is representing Scoggins in a civil lawsuit, issued a statement Thursday after the family of David and Brenda Menefee filed a civil lawsuit last week against Jody Scoggins; his wife, Kim Scoggins; his mother, Debbie Scoggins; Scoggins Real Estate Team LLC; Scoggins Enterprises LLC; Hessco Roofing & Remodeling LLC; 1st Choice Fencing Inc.; and Pennybags LLC.
Scoggins is a part owner of all the businesses listed as defendants, except Scoggins Real Estate Team, according to the suit.
The lawsuit claims the defendants committed a civil conspiracy, misappropriated and stole the Menefee family’s property, used a fraudulent signature to deed over assets, and fraudulently obtained power of attorney to gain access to David Menefee’s financial information. David Menefee suffers from blindness and dementia, according to the lawsuit.
Dumas wrote Thursday that David Menefee was a lifelong friend of the Scoggins family.
“Based on our investigation, the allegations will ultimately be proven to be false,” Dumas wrote. “It is unfortunate that these unsubstantiated claims have the potential to damage their reputations simply because they have been made. The truth is that Mr. Menefee has been a lifelong friend of the Scoggins family and their attempts to help him through the years have been twisted into this fabricated story and turned against Jody and his family.”
Waco attorney Ross Russell filed the lawsuit, claiming more than $1 million in property, mineral rights and cash was taken from David Menefee without his full understanding because of his health conditions. The suit alleges David Menefee had moved into a nursing home when Jody Scoggins rerouted his mail to Scoggins’ business and blocked Brenda Menefee’s cell phone number from her husband.
“Typically, our office doesn’t respond to allegations made in the press or social media, but we did not feel these unsubstantiated allegations should go unchallenged, and we look forward to formally responding in court and clearing their names,” Dumas said.
Waco police arrested Scoggins July 6, the day after the civil lawsuit was filed, on a second-degree felony charge of securing the execution of a document by deception and a third-degree felony charge of exploitation of a disabled person.
According to the arrest affidavit, Scoggins befriended David Menefee and took control of mineral rights in Hood County, which had been passed down through his family. Police documents state that the mineral rights were valued between $85,900 and $143,280, but David Menefee sold the rights to Scoggins for $10.
David Menefee told police he would never sign over his mineral rights because they had been in in his family and because they were his main source of income, according to the affidavit.
Waco attorney Phil Frederick, who represents Scoggins in the criminal case, said he looks “forward to vigorously defending him.”